Synopsis On the evening of 05July 1995, the tour boat CANARD MALARD was engaged on a cruise in the Port of Montreal with 23 passengers and two crew members on board. The vessel took up position north of le Sainte-Hlne for the passengers to watch the fireworks. At one point, four passengers stood up on the stern seat and leaned on the stern railing. The deck under the seat suddenly tipped back. The stern railing gave way under the weight of the four passengers, and they were thrown into the water. No one was injured as a result of the accident, and the four persons were retrieved from the water by the CANARD MALARD. Other Factual Information Particulars of the Vessel The CANARD MALARD is a rigid-hull inflatable boat with a control station on the starboard side of the afterdeck. The foredeck and stern platform serve as observation decks for passengers. At about 2115(1) on 05July 1995, the tour boat CANARD MALARD departed a Longueuil marina on a cruise to the area north of le Sainte-Hlne where the passengers were going to watch fireworks. At about 2200, the tour boat took up position at the north end of le Sainte-Hlne among a flotilla of boats also there for the fireworks. The CANARD MALARD did not drop anchor, but stemmed the current (estimated at three knots) off berth No39. As the vessel was not making headway, the passengers were allowed to stand and move about on the lower foredeck and the upper deck aft of the control station. The master and the mate kept watch at the control station. During that time, two couples stood up on the stern seat and leaned on the railing, and the crew did not ask them to sit back down on the seat. At about 2228, a passenger who was standing on the front of the engine compartment hatch cover stepped down to join the other passengers on the lower foredeck. The engine hatch cover tipped back, the stern railing gave way, and the passengers fell into the water. The master stopped the engines and informed the Montreal Vessel Traffic Centre (VTC) of the accident on channel 16 of the VHF. He then asked the passengers to throw lifejackets into the water while he manoeuvred the boat to approach the victims who had drifted about 25m downstream of the boat in relatively calm water. Meanwhile, the mate threw two lifebuoys into the water. A pleasure craft near the tour boat overheard the radio message and turned on its searchlight in the direction of the persons in the water. They managed to grab hold of the life-saving appliances. Within a few minutes, they were hauled back on board by one of the passengers and one of the crew members because the CANARD MALARD had no boarding ladder. At 2232, the Canadian Coast Guard patrol boat GC1204 arrived on the scene and assessed the situation. The crew members reportedly informed the passengers of the location of the lifejackets before the start of the cruise. However, the passengers said that they had not received a safety briefing. According to the passengers, some of them had started looking for life-saving appliances even before the crew instructed them to do so. No alcoholic beverages were served during the cruise, and none of the passengers appeared to be under the influence of alcohol. Responses to potential emergency situations are covered in the practical examination for the Master of a Small Passenger Craft Certificate held by the two crew members. As no Marine Emergency Duties (MED) course is required for this certificate, neither crew member had taken such a course. The company had no emergency procedures in place. The engine compartment hatch cover is a platform covering most of the upper afterdeck. The platform swings on two hinges located on the deck line above the transom. A bench seat welded to the platform occupies the aft section, and there is a step near the control station for easy access to the lower foredeck. The afterdeck side railings are bolted to the deck. The stern transverse railing is secured to the back of the seat which in turn is welded to the hatch cover. The original stern railing was modified in 1994 pursuant to a Transport Canada inspection. The tour boat held a Passenger Ship Inspection Certificate for voyages within Minor Waters, ClassII, limitations, issued at Montreal on 13May 1995.